Reger v. Washington County Board of Education
166 A.3d 142
| Md. | 2017Background
- On Nov. 12, 2007 Charles Reger (custodian) suffered a workplace injury to his back and neck when a folding table fell on him; he later underwent lumbar surgery and was unable to return to custodial work.
- Reger received temporary total disability (TTD) benefits from the Workers’ Compensation Commission (WCC) and, separately, ordinary disability retirement benefits from the Maryland State Retirement and Pension System (MSRPS).
- Employer/Insurer sought offset under LE § 9-610 to credit Reger’s ordinary disability payments against WCC indemnity; the WCC granted an offset and applied a $54,486.50 credit.
- Circuit Court and Court of Special Appeals affirmed; Reger petitioned to the Court of Appeals, raising whether LE § 9-610 permits offset of ordinary disability retirement benefits against workers’ compensation.
- The Court of Appeals reviewed statutory purpose, prior precedent, and differing causation/eligibility standards applied by WCC and MSRPS to decide if the two benefits were "similar" (i.e., paid for the same injury).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope and intent of LE § 9-610 ("similar benefits") | Reger: offset should not apply to ordinary disability benefits because they serve different purposes and are not accident-based; 1997 legislative materials show intent to limit offset to accidental disability. | Respondents: statute prevents double recovery for the same injury; offset not limited to accidental disability—applies where benefits arise from the same injury. | Court: statute’s intent is single recovery for single injury; "similar" means benefits accruing from the same injury; legislative history supports that meaning. |
| Whether ordinary disability benefits can be "similar benefits" to workers’ compensation as a matter of law | Reger: ordinary disability is not compensating for work-related injury and thus cannot be offset. | Respondents: ordinary disability can compensate for incapacity caused by a workplace injury and therefore can be similar. | Court: As a matter of law ordinary disability may be "similar" if awarded for the same workplace accidental injury or occupational disease. |
| Whether Reger’s ordinary disability and WCC TTD were for the same injury | Reger: MSRPS denied accidental disability and based ordinary disability on preexisting degenerative condition, so benefits are for different causes. | Respondents: applications and same medical records show both benefits trace to the Nov. 12, 2007 injury; offset appropriate to avoid double recovery. | Court: Although agencies may ascribe different proximate causes (different legal standards), the record shows both awards compensated the same back/neck injury; offset applies. |
| Impact of prior agency findings on WCC's offset determination | Reger: WCC should be bound by MSRPS finding denying accidental disability. | Respondents: WCC may consider all relevant evidence and is not bound by retirement agency causation labels. | Court: WCC is not bound by prior agency causation findings; it may consider letters, applications, medical records, testimony to determine whether benefits were awarded for the same injury. |
Key Cases Cited
- Newman v. Subsequent Injury Fund, 311 Md. 721 (1988) ("similar benefits" must accrue by reason of the same injury; statutory offset limited to comparable benefits)
- Blevins v. Baltimore County, 352 Md. 620 (1999) (recodification did not eliminate "similar" limitation; legislative history confirms single-recovery purpose)
- Fikar v. Montgomery County, 333 Md. 430 (1994) (offset applies to cash vocational benefits when they arise from the same injury)
- Mazor v. State Dep’t of Correction, 279 Md. 355 (1977) (pension and workers’ comp are facets of wage-loss protection; offset prevents double recovery)
- Frank v. Baltimore County, 284 Md. 655 (1979) (employer-provided pension benefits can offset workers’ comp to avoid duplicate recovery)
- Reynolds v. Bd. of Education of Prince George’s County, 127 Md. App. 648 (1999) (ordinary disability and workers’ comp were similar where both arose from same occupational condition; differing agency standards may produce different labels but not negate sameness)